A UP lawyer has written to the Chief Justice of India, urging suo motu action against an Allahabad High Court judgment treating “unsaid words” in a WhatsApp post as hate speech. The plea says the ruling “criminalises thought and imagination” under the Bharatiya Nyay Sanhita.
A lawyer from Uttar Pradesh has written to the Chief Justice of India (CJI) Gavai, requesting the Supreme Court to take suo motu cognizance of the Allahabad High Court’s judgment dated September 26, 2025, in the case of Afaq Ahmad v. State of Uttar Pradesh.
The lawyer has alleged that the decision “criminalises thought and imagination” by treating “unsaid words” in a WhatsApp post as hate speech under the Bharatiya Nyay Sanhita (BNS).
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In the letter, the lawyer has urged the Supreme Court to register the matter as a Writ Petition / Special Leave Petition, calling it an issue of grave constitutional concern.
The prayer in the petition requests the top court to intervene in the “impugned judgment and order dated 26.09.2025,” which, according to the lawyer, goes against settled principles of criminal law and free speech.
The plea further asks the Hon’ble Court to:
- Take suo motu cognizance of this letter and register it as a Writ Petition / Special Leave Petition;
- Call for the records of Criminal Misc. Writ Petition No. 21834 of 2025 from the Hon’ble High Court of Allahabad;
- Stay the operation and reliance on the impugned judgment during the pendency of this petition;
- Set aside the impugned Judgment and Order dated 26.09.2025 as unconstitutional and contrary to settled law; and
- Pass any other appropriate order or direction as this Hon’ble Court may deem fit in the interest of justice.
The petitioner contends that the High Court’s interpretation of a WhatsApp status message as criminal hate speech sets a dangerous precedent that could curb freedom of expression and penalize private thoughts or unspoken expressions.
The letter insists that such an approach is contrary to constitutional guarantees of free speech and personal liberty.
By invoking the Supreme Court’s extraordinary jurisdiction, the lawyer has requested the Chief Justice to personally look into the matter to prevent what he calls an “unconstitutional expansion of criminal liability” under the new criminal code.
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The appeal highlights growing concerns over how to interpret online communication and expression.
The Supreme Court has not yet indicated whether it will take cognizance of the letter.
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